论司法之谦抑品格

On the Modest Character of Justice

司法虽然在形式上是法的实际应用,但其存在独特的生命逻辑,有着特定的伦理品格。司法实效的达成,在很大程度上依赖于其谦抑品格。司法谦抑品格符合司法广场化的艺术追求,最大可能地降低纠纷解决过程的反复性;促进利益礼让,引领时代精神,达致社会和谐;表征法律职业共同体的技术和信用,标识职业伦理品格。

Although justice is formally the practice of law, it has unique ethics character and life logic in it. The success of judicial effect depends on judicial modest to a high degree. Judicial modest agree with the rule of arctic pursue through judicial square and can farthest reduce the reiteration of the process of dispute resolve. It can advance the courtliness of interest, lead time spirit and achieve the social harmony. It also symbolizes the technology and credit of community of law occupation and the character of work ethic.